# Justice Manual § 8-3.300: Neutral and Objective Criteria for Guiding Prosecutorial Discretion

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S8-3.300

## Section

- **Citation:** Justice Manual § 8-3.300
- **Heading:** Neutral and Objective Criteria for Guiding Prosecutorial Discretion
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 8: Civil Rights / 8-3.000 - Enforcement Of Civil Rights Criminal Statutes / Justice Manual § 8-3.300

## Text

Government Attorneys shall enforce 18 U.S.C. § 249 in a neutral and objective manner. All prosecutions shall comport with the Principles of Federal Prosecution set forth in
JM Chapter 9-27.000
. Attorneys for the government are particularly instructed to follow the dictates of
JM 9-27.260
, which prohibits attorneys for the government from being influenced in making prosecution decisions by any subject's race, religion, sex, national origin, or political association, activities or beliefs. In addition, government attorneys should not be influenced by a subject, victim, or witness’s sexual orientation, gender identity, or disability, except to the extent such characteristic is relevant to a determination whether the statute has been violated.

Section 249 requires that attorneys for the government consider whether evidence is sufficient to prove that a criminal act identified by the statute occurred because of the actual or perceived race, religion, gender, national origin, sexual orientation, gender identity, or disability of any person. In no case, however, shall the government attorney be influenced by his or her own personal feelings concerning the subject or the subject’s associates; the victim or the victim’s associates; or a witness or a witness’s associates. Nor shall the attorney for the government be influenced by the effect the decision to prosecute (or not to prosecute) may have on the attorney’s own professional or personal circumstances.
See
JM 9-27.260
. No attorney for the government may make prosecution or declination decisions based solely upon the speech or expressive conduct of a subject, victim, or witness. Nor shall any attorney for the government make such prosecution or declination decisions based solely upon such a person's affiliation with any group advocating for or against rights of persons with the characteristic identified by statute
o attorney for the government may make prosecution or declination decisions based solely upon the speech or expressive conduct of a subject, victim, or witness. Nor shall any attorney for the government make such prosecution or declination decisions based solely upon such a person's affiliation with any group advocating for or against rights of persons with the characteristic identified by statute. Such factors may be considered only to the extent that they inform a reasoned, neutral decision about whether § 249—or any other criminal statute—has been violated.

In choosing to pursue a prosecution under this statute, the primary responsibility of Government attorneys shall be to seek justice. A government attorney shall file only those charges which he or she reasonably believes can be substantiated at trial through admissible evidence. Charging and declination decisions should be made based upon the facts and totality of the circumstances in each individual case.

[updated March 2018]

## Nearby sections

- [Justice Manual § 8-3.010 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S8-3.010.md)
- [Justice Manual § 8-3.100 Coordination of Activities](https://www.frixlaw.com/law-library/statutes/JM_S8-3.100.md)
- [Justice Manual § 8-3.120 Staffing Cases](https://www.frixlaw.com/law-library/statutes/JM_S8-3.120.md)
- [Justice Manual § 8-3.130 Cases of National Interest](https://www.frixlaw.com/law-library/statutes/JM_S8-3.130.md)
- [Justice Manual § 8-3.135 High Profile Civil Rights Incident](https://www.frixlaw.com/law-library/statutes/JM_S8-3.135.md)
- [Justice Manual § 8-3.140 Advance Notice/Prior Approvals of Indictments](https://www.frixlaw.com/law-library/statutes/JM_S8-3.140.md)
- [Justice Manual § 8-3.141 Certification Provisions](https://www.frixlaw.com/law-library/statutes/JM_S8-3.141.md)
- [Justice Manual § 8-3.150 Declinations](https://www.frixlaw.com/law-library/statutes/JM_S8-3.150.md)
- [Justice Manual § 8-3.160 Appeals](https://www.frixlaw.com/law-library/statutes/JM_S8-3.160.md)
- [Justice Manual § 8-3.170 Cooperation with State Prosecutions](https://www.frixlaw.com/law-library/statutes/JM_S8-3.170.md)
- [Justice Manual § 8-3.180 Subpoenas Issued to FBI Agents or Other Federal Agents](https://www.frixlaw.com/law-library/statutes/JM_S8-3.180.md)
- [Justice Manual § 8-3.190 Notification to Parties of Closing File](https://www.frixlaw.com/law-library/statutes/JM_S8-3.190.md)
- [Justice Manual § 8-3.195 Production or Disclosure in Federal And State Proceedings of Material or Information in Civil Rights Division Files](https://www.frixlaw.com/law-library/statutes/JM_S8-3.195.md)
- [Justice Manual § 8-3.200 Prior Approvals](https://www.frixlaw.com/law-library/statutes/JM_S8-3.200.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S8-3.300. Check the current official text before relying on it. Not legal advice.